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Employment Law
Hostile Work Environment
Failure to Accommodate

Glenda Rodger v. Los Angeles County, and Does 1-50, inclusive

Published: Dec. 10, 2021 | Result Date: Oct. 5, 2021 | Filing Date: Mar. 8, 2018 |

Case number: BC697083 Verdict –  $800,000

Judge

Dennis J. Landin

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Lawrance A. Bohm
(Bohm Law Group Inc.)

Robert L. Boucher
(Law Office of Robert L. Boucher)


Defendant

Tomas A. Guterres
(Collins Collins LLP)

Katherine J. Siew
(Collins Collins LLP)


Facts

Since 1986, Glenda Rodger worked for Los Angeles County libraries. She held the position of library assistant III at the Lancaster Public Library until about January 30, 2017. Throughout 2016, Rodger noticed certain coworkers missing from their assigned stations for extended periods, and she reported her concerns about time abuse to Lancaster Library Manager, Valerie Bailey. On multiple occasions during the summer of 2016, Rodger reiterated her concerns to Bailey, and she also informed Bailey that the employees were failing to complete work assignments and oftentimes were playing Pokemon Go, shopping on Amazon, or reading the news when they were supposed to be working. Unbeknownst to Rodger, Bailey was friendly with the coworkers Rodger had reported, and she had informed the employees of Rodger's complaints.

Sometime in August of 2016, Rodger began suffering from harassment at the hands of her coworkers. In one instance, she came into work to discover that a secured filing cabinet in her office had been left open, her rolodex shuffled, and a wooden name sign broken. Additionally, around this same time, her reading glasses began disappearing, and on several occasions, Rodger noticed her coworkers watching her search for them, sometimes even commenting on her searching.

On or about September 6, 2016, Stacey Simpson of the Human Resources Department at Library Headquarters notified Rodger that she was under investigation because of a harassment complaint filed against Rodger by one of the coworkers she had reported to Bailey. Rodger knew she had done nothing wrong, and accordingly, filed a County Policy on Equity complaint alleging hostile work environment, time abuse, and retaliation. This complaint included the ransacking of her office, the failure to address her time fraud allegations, and the unsupported harassment allegations made against her. After filing the complaint, Rodger went on a two month leave of absence due to work-related stress.

In November 2016, Rodger returned to work and discovered that Bailey had changed office policy regarding her responsibilities with subordinates. She felt undermined by Bailey, and she questioned the subordinates about the changes and whether they agreed with them. Again, Rodger was accused of being the party creating a hostile work environment for her subordinates.

In January 2017, Rodger was informed that she was being transferred to the Lake Los Angeles Public Library in Palmdale, CA. This new worksite was almost twice as far from her home as Lancaster Public Library. Simpson admitted this transfer was due to Rodger reporting a hostile work environment, and the hostile work environment was motivated by retaliation. Simpson also admitted that the transfer was illegal and not in line with County law or policy. After being informed of the transfer, Rodger filed for retirement due to continuous harassment, discrimination, and retaliation, and her last day of work at Lancaster Public Library was January 30, 2017.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she was the victim of hostile work environment harassment and discrimination because of her age, physical disabilities, and mental disabilities; that she was retaliated against for lodging legally protected complaints about workplace practices; and furthermore, that the County failed to prevent the discrimination, retaliation, and harassment that she faced as a result of her protected complaints. Plaintiff contended that the transfer was an adverse employment action resulting in a loss of wages, benefits, and other expenses.

DEFENDANTS' CONTENTIONS: Defendants contended that Plaintiff was engaged in gossipmongering; that Plaintiff's transfer was temporary; and that Plaintiff's complaints were themselves retaliation.

Damages

Lost wages and benefits through the end of Rodger's work life expectancy.

Result

The jury determined that Los Angeles County transferred Rodger as retaliation for her disclosure of legal violations of state law or regulations and not for any legitimate independent reason, and this retaliation was a substantial cause of the harm Rodger suffered. The jury awarded Rodger $150,000 for past economic loss and $650,000 for future economic loss, totaling $800,000.


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